OVERVIEW

This website is operated by RONNINGS. Throughout the site, the terms “we”, “us” and “our” refer to RONNINGS. RONNINGS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this sit at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online
through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our
Return Policy.

We have made every effort to display as accurately as possible
the colors and images of our products that appear at the store. We
cannot guarantee that your computer monitor's display of any color will
be accurate.

We reserve the right, but are not obligated, to limit the sales
of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are
subject to change at anytime without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on this site is void where
prohibited.

We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may,
in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e‑mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to
promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools
”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools.

Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you
are familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features
through the website (including, the release of new tools and resources).
Such new features and/or services shall also be subject to these Terms
of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or
these Terms of Service.

You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related
website. You may not use a false e‑mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you
make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our

Privacy Policy. To view our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service
that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or
on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).

We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service
or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a) for
any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d)
to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites,
or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your
use of the Service or any related website for violating any of the
prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall RONNINGS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless RONNINGS and our
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from
these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.

These Terms of Service are effective unless and until terminated
by either you or us. You may terminate these Terms of Service at any
time by notifying us that you no longer wish to use our Services, or
when you cease using our site.

If in our sole judgment you fail, or we suspect that you have
failed, to comply with any term or provision of these Terms of Service,
we also may terminate this agreement at any time without notice and you
will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or
any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or
provision.

These Terms of Service and any policies or operating rules posted
by us on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and
us (including, but not limited to, any prior versions of the Terms of
Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
laws of United States.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change
or replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website
or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

RONNINGS (hereinafter, “We,” “Us,” “Our”) is offering a
mobile messaging program (the “Program”), which you agree to use and
participate in subject to these Mobile Messaging Terms and Conditions
and Privacy Policy (the “Agreement”). By opting in to or participating
in any of our Programs, you accept and agree to these terms and
conditions, including, without limitation, your agreement to resolve any
disputes with us through binding, individual-only arbitration, as
detailed in the “Dispute Resolution” section below. This Agreement is
limited to the Program and is not intended to modify other Terms and
Conditions or Privacy Policy that may govern the relationship between
you and Us in other contexts.

User Opt In: The Program allows Users to
receive SMS/MMS mobile messages by affirmatively opting into the
Program, such as through online or application-based enrollment forms.
Regardless of the opt-in method you utilized to join the Program, you
agree that this Agreement applies to your participation in the Program.
By participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number associated
with your opt-in, and you understand that consent is not required to
make any purchase from Us. While you consent to receive messages sent
using an autodialer, the foregoing shall not be interpreted to suggest
or imply that any or all of Our mobile messages are sent using an
automatic telephone dialing system (“ATDS” or “autodialer”). Message and
data rates may apply.

User Opt Out: If you do not wish to
continue participating in the Program or no longer agree to this
Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to
any mobile message from Us in order to opt out of the Program. You may
receive an additional mobile message confirming your decision to opt
out. You understand and agree that the foregoing options are the only
reasonable methods of opting out. You also understand and agree that any
other method of opting out, including, but not limited to, texting
words other than those set forth above or verbally requesting one of our
employees to remove you from our list, is not a reasonable means of
opting out.

Duty to Notify and Indemnify: If at any
time you intend to stop using the mobile telephone number that has been
used to subscribe to the Program, including canceling your service plan
or selling or transferring the phone number to another party, you agree
that you will complete the User Opt Out process set forth above prior to
ending your use of the mobile telephone number. You understand and
agree that your agreement to do so is a material part of these terms and
conditions. You further agree that, if you discontinue the use of your
mobile telephone number without notifying Us of such change, you agree
that you will be responsible for all costs (including attorneys’ fees)
and liabilities incurred by Us, or any party that assists in the
delivery of the mobile messages, as a result of claims brought by
individual(s) who are later assigned that mobile telephone number. This
duty and agreement shall survive any cancellation or termination of your
agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM
ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A
CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR
LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227,
et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS
PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the
scope of the Program, users that opt into the Program can expect to
receive messages concerning the marketing and sale of digital and
physical products, services, and events.

Cost and Frequency: Message and data rates
may apply. The Program involves recurring mobile messages, and
additional mobile messages may be sent periodically based on your
interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@ronningsmn.com.
Please note that the use of this email address is not an acceptable
method of opting out of the program. Opt outs must be submitted in
accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is
offered on an "as-is" basis and may not be available in all areas at all
times and may not continue to work in the event of product, software,
coverage or other changes made by your wireless carrier. We will not be
liable for any delays or failures in the receipt of any mobile messages
connected with this Program. Delivery of mobile messages is subject to
effective transmission from your wireless service provider/network
operator and is outside of Our control. T-Mobile is not liable for
delayed or undelivered mobile messages.

Participant Requirements: You must have a
wireless device of your own, capable of two-way messaging, be using a
participating wireless carrier, and be a wireless service subscriber
with text messaging service. Not all cellular phone providers carry the
necessary service to participate. Check your phone capabilities for
specific text messaging instructions.

Age Restriction: You may not use of engage
with the Platform if you are under thirteen (13) years of age. If you
use or engage with the Platform and are between the ages of thirteen
(13) and eighteen (18) years of age, you must have your parent’s or
legal guardian’s permission to do so. By using or engaging with the
Platform, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen
(18) and have your parent’s or legal guardian’s permission to use or
engage with the Platform, or are of adult age in your jurisdiction. By
using or engaging with the Platform, you also acknowledge and agree that
you are permitted by your jurisdiction’s Applicable Law to use and/or
engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity,
lasciviousness, violence, bigotry, hatred, and discrimination on the
basis of race, sex, religion, nationality, disability, sexual
orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health
information that is protected by the Health Insurance Portability and
Accountability Act (“HIPAA”) or the Health Information Technology for
Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there
is a dispute, claim, or controversy between you and Us, or between you
and Stodge, LLC d/b/a Postscript or any other third-party service
provider acting on Our behalf to transmit the mobile messages within the
scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the breach,
termination, enforcement, interpretation or validity thereof, including
the determination of the scope or applicability of this agreement to
arbitrate, such dispute, claim, or controversy will be, to the fullest
extent permitted by law, determined by arbitration in Detroit Lakes, Minnesota before one arbitrator.

The parties agree to submit the dispute to binding arbitration in
accordance with the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) then in effect. Except as otherwise
provided herein, the arbitrator shall apply the substantive laws of the
Federal Judicial Circuit in which RONNINGS' principle
place of business is located, without regard to its conflict of laws
rules. Within ten (10) calendar days after the arbitration demand is
served upon a party, the parties must jointly select an arbitrator with
at least five years’ experience in that capacity and who has knowledge
of and experience with the subject matter of the dispute. If the parties
do not agree on an arbitrator within ten (10) calendar days, a party
may petition the AAA to appoint an arbitrator, who must satisfy the same
experience requirement. In the event of a dispute, the arbitrator shall
decide the enforceability and interpretation of this arbitration
agreement in accordance with the Federal Arbitration Act (“FAA”). The
parties also agree that the AAA’s rules governing Emergency Measures of
Protection shall apply in lieu of seeking emergency injunctive relief
from a court. The decision of the arbitrator shall be final and binding,
and no party shall have rights of appeal except for those provided in
section 10 of the FAA. Each party shall bear its share of the fees paid
for the arbitrator and the administration of the arbitration; however,
the arbitrator shall have the power to order one party to pay all or any
portion of such fees as part of a well-reasoned decision. The parties
agree that the arbitrator shall have the authority to award attorneys’
fees only to the extent expressly authorized by statute or contract. The
arbitrator shall have no authority to award punitive damages and each
party hereby waives any right to seek or recover punitive damages with
respect to any dispute resolved by arbitration. The parties agree to
arbitrate solely on an individual basis, and this agreement does not
permit class arbitration or any claims brought as a plaintiff or class
member in any class or representative arbitration proceeding. Except as
may be required by law, neither a party nor the arbitrator may disclose
the existence, content, or results of any arbitration without the prior
written consent of both parties, unless to protect or pursue a legal
right. If any term or provision of this Section is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this
Section or invalidate or render unenforceable such term or provision in
any other jurisdiction. If for any reason a dispute proceeds in court
rather than in arbitration, the parties hereby waive any right to a jury
trial. This arbitration provision shall survive any cancellation or
termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to
Us that you have all necessary rights, power, and authority to agree to
these Terms and perform your obligations hereunder, and nothing
contained in this Agreement or in the performance of such obligations
will place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided
for herein will not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum
extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable. Any new features, changes, updates or
improvements of the Program shall be subject to this Agreement unless
explicitly stated otherwise in writing. We reserve the right to change
this Agreement from time to time. Any updates to this Agreement shall be
communicated to you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such changes. By
continuing to participate in the Program after any such changes, you
accept this Agreement, as modified.

Questions about the Terms of Service should be sent to us at support@ronningsmn.com.